CALIFORNIA FARM BUREAU FEDERATION v. SWRCB

No. C050289.

53 Cal.Rptr.3d 445 (2007)

146 Cal.App.4th 1126

CALIFORNIA FARM BUREAU FEDERATION et al. Plaintiffs and Appellants, v. CALIFORNIA STATE WATER RESOURCES CONTROL BOARD, Defendant and Respondent.

Court of Appeal of California, Third District.

January 17, 2007.


Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, David A. Battaglia and Eileen M. Ahern, Los Angeles; Nancy N. McDonough, Sacramento, Carl G. Borden, for Plaintiff and Appellant California Farm Bureau Federation.

Somach, Simmons & Dunn, Stuart L. Somach, Kristen T. Castanos, Robert B. Hoffman and Daniel Kelly, Sacramento, for Plaintiffs and Appellants Northern California Water Association and Central Valley Project Water Association.

Bill Lockyer, Attorney General, David S. Chaney, Senior Assistant Attorney General, William L. Carter, Supervising Deputy Attorney General, Matthew J. Goldman and Molly K. Mosley, Deputy Attorneys General, for Defendants and Respondents.

O'Laughlin & Paris, Tim O'Laughlin and William C. Paris, Chico, for San Joaquin River Group Authority as Amicus Curiae.

Downey Brand, Kevin M. O'Brien, Jennifer L. Harder and Joseph S. Schofield, Sacramento, for Amicus Association of California Water Agencies as Amicus Curiae.

Jason E. Resnick for Western Growers Association, California Cattlemen's Association, and California Grape and Tree Fruit League as Amici Curiae.


CANTIL-SAKAUYE, J.

In this appeal we consider whether the State Water Resources Control Board's (SWRCB) imposition of new annual fees on holders of water right permits and licenses under Water Code section 1525 and implementing emergency regulations constituted lawful regulatory fees or unlawful taxes adopted in violation of article XIIIA of the California Constitution...

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